Light duty not light enough

[ceecee120605]

I'm 36 and live in Alabama.

I work in housekeeping in a resort on the Gulf Coast. I injured my back at work on 08-28-2010 and have been on WC since then and so far things were going pretty good with my case. I have a NCM. In November I was referred to an orthopedic surgeon. He diagnosed me with 1 thinning disk, 2 bulging disks and osteoarthritis. He put me on Celebrex sent me to more PT and 1 ESI and 1 facet block neither of these 2 procedures has helped at all. He released me for light duty for the 1st time with only a 10lbs lifting restriction on December 1st, after 2 days at work I ended up in so much pain that my supervisor sent me to their doctor which I had seen at the beginning of my case. he put me off work until i could see the OS again. I saw him again on 12-14 and he added no bending to my restriction even though I explained that I was still in too much pain to do anything around the house and was barely able to care for myself or drive.
My work pattern so far is I'm able to work 1 or 2 days then I'm in so much pain that I can't move. I have to walk 8 hours a day in my job and walking really aggravates my back. With the Holidays I have not been able to talk to my NCM or the OS. I'm seeing him again this Tuesday.
Any advice on what to do when your light duty is not light enough? And what should i prepare myself for?

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I forgot to mention that I've called in sick last Monday and since my pain and mobility have not improved much i told my employer that I'd stay off work until I saw my OS on 01/04/2011

[1171]

depends on if there has been an aggravation or a re-injury.
if so, then expect another round of aggressive treatment and longer disability.
if not, you might be sent out for a second opinion.
there's always a chance you could be ready for rating.

[ceecee120605]

no it is considered an aggravation of the existing injury.
I have a few new questions now.
What exactly is the rating, is it when they decide whether or not i'll be able to do my old job ever again? i know that my employer is not willing to transfer me to an office type of job. the pain doc and the physical therapist already said that I probably need to get one and I've already been trying to find one with another employer. and what comes next? Hopefully not ssdi because I'm not eligible. who chooses the doctor for 2nd opinion? Has the time to get an attorney come?

[1171]

a rating determines the duration of permanent disability payments.
you can find out more about permanent impairment from the claim manual
http://dir.alabama.gov/docs/guides/wc_claimhandling.pdf

an atty is not required to receive additional payments.
whether there is a dispute that has to be litigated or a settlement to be negotiated is unknown at this time.

if there is you may wish to contact an ombudsman first.
http://dir.alabama.gov/wc/ombudsman.aspx

[ceecee120605]

just got a letter from IC saying that since my authorized treating physician has released me for light duty and my employer is providing work that fits the limitation my calling in sick because walking aggravates my back too much I am not complying with the doctor's recommendations for treatment and that it would result in IC terminating my benefits. The adjuster also adds that walking is actually good for people with back problems and very often prescribed. i'd like to see her work with a pain level of 15 on a scale of 1 to 10 and bent in half because your back joints won't move so that you can stand straight.

I'll see what my orthopedic surgeon will say tomorrow. Hopefully he will understand me.........

[1171]

even if the orthopedist agrees with you, it may not stop them from interrupting disability payments.
often times different medical opinions require mediation to resolve.

[ceecee120605]

the orthopedist is the physician assigned by the IC. Can they still stop my benefits if he agrees with me?

[1171]

yes benefits can be stopped when there is disputed medical opinion.

[jayne]

It just take one medical opinion saying you can work to stop benifits....and that can come from a Dr who hasnt spent more than 2 minutes with you.....It then takes a judge to restart it if he agrees with a different Dr.....this can take years to get restarted....